Raymond N. Rosenthal and Peggy S. Rosenthal - Page 2

             Penalty                                                                  
                    Year      Deficiency       Sec. 66621                             
                    1990       $6,300            $1,260                               
                    1991        8,668             1,734                               


               The issues for decision are whether petitioners are entitled           
          to deductions for alimony pursuant to sections 71 and 215 in the            
          amounts of $30,000 in 1990 and $10,000 in 1991,2 and whether                
          petitioners are liable for the accuracy-related penalty under               
          section 6662(a).                                                            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are found                   
          accordingly.                                                                
               At the time of the filing of the petition in this case,                
          petitioners had a legal residence in Encino, California.                    
          Petitioners filed joint Federal income tax returns for the                  
          taxable years 1990 and 1991.                                                
               On June 19, 1987, Mr. Raymond Rosenthal (petitioner) and his           
          ex-wife, Ruth Rosenthal, executed a marital settlement agreement            
          in connection with the dissolution of their marriage (the                   
          settlement agreement).  Section 8 of the settlement agreement               
          provided in part as follows:                                                
                    Husband shall pay to Wife, as and for spousal                     
               support, commencing May 1, 1987, and continuing on the                 

          1  All section references are to the Internal Revenue Code in effect for    
          the years in issue, and all Rule references are to the Tax Court Rules of   
          Practice and Procedure, unless otherwise indicated.                         
          2  Petitioners concede that $25,000 of the $35,000 claimed as an alimony    
          deduction for 1991 is not alimony, but is a payment in connection with a    
          property settlement.                                                        




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